Transport Workers Union of Australia v Qantas Ground Services Pty Limited, Qantas Airways Limited
[2015] FWCFB 5046
•23 JULY 2015
| [2015] FWCFB 5046 |
| FAIR WORK COMMISSION |
EX TEMPORE DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Qantas Ground Services Pty Limited, Qantas Airways Limited and Another
(C2015/4106)
VICE PRESIDENT CATANZARITI | SYDNEY, 23 JULY 2015 |
Appeal against decision [2015] FWC 3155 of Commissioner Cambridge at Sydney on 7 May 2015 in matter number C2014/3148.
[1] The following decision, now edited was issued during proceedings conducted on 23 July 2015.
[2] This is an appeal by the Transport Workers Union of Australia (the TWU) against a decision 1 of Commissioner Cambridge made on 7 May 2015 in relation to an application made by the TWU and taken against Qantas Ground Services Pty Ltd, Qantas Airways Limited and the Australian Licenced Aircraft Engineers Association (the Respondents) pursuant to s.739 of the Fair Work Act 2009 (the Act).
[3] We have had the opportunity of considering and taking into account the detailed written and oral submissions of the parties in reaching our decision.
[4] We accept submissions of the parties that the dispute resolution procedure in each agreement the subject of the decision under appeal provides for an appeal as of right and that permission is not required.
[5] In relation to the Qantas Ground Services Pty Limited Ground Handling Agreement 2013 (the ‘Agreement’) we think Commissioner Cambridge correctly outlined the principles for interpreting an enterprise agreement at paragraph 39 of his decision and correctly applied these principles to the submissions and evidence before him, which we note included an inspection of the work being performed at Perth airport which was the subject of the dispute.
[6] We think that the conclusion he came to, that the classification level GC3B comprehended and included the duties of the ‘Persons in Charge’ (‘PiC’) at Perth Airport who were the subject of the dispute, was reasonably open to him and we dismiss the appeal in relation to the Agreement.
[7] In relation the Qantas Airways Limited and QCatering Limited – Transport Workers Workplace Determination 2012 (the ‘Determination’) we are persuaded that the appellant was denied procedural fairness in relation to the Commissioner’s decision to decline to deal with the dispute. We uphold the appeal in relation to the Determination. This appeal proceeds as a rehearing.
[8] Upon rehearing, and taking into account the evidence before Commissioner Cambridge and the detailed written and oral submissions of the parties to the appeal, we find that classification Level 5 – Airline services co-ordinator, found in clause 18.3.6, covers the duties of a PiC at Perth Airport, the subject of the dispute.
[9] The submission by the respondent that the duties are more appropriately covered by Level 4 Airline services co-ordinator because the term ‘Persons in Charge’ is “a misnomer”, in effect because the employees’ co-ordinate a process rather than supervise people or staff, is rejected. The process being co-ordinated involves activities undertaken by people using equipment. A person co-ordinating such a process is co-ordinating people using equipment.
[10] Classification Level 5 – Airline services co-ordinator includes, among other things:
- Responsible for a group of staff in a work area; and
- Organise and co-ordinate work within their area of responsibility.
[11] It follows that we find that the Determination covers and applies to these employees.
VICE PRESIDENT
Appearances:
M Gibbian of counsel with W Carr for the TWU.
R S Warren of counsel with E Raynor for the Respondents.
Hearing details:
2015
Sydney
23 July.
1 [2015] FWC 3155.
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